SANGAMEESWARAN Vs. UNITED PLANTERS ASSOCIATION OF SOUTHERN INDIA

JUDGEMENT

(1.) HEARD both sides. The petitioner who was employed as an Accountant was dismissed from service by the first respondent by an order dated 05.7.1994. In view of the same, he filed an appeal under section 41(2) of the Tamil Nadu Shops and Establishments Act, 1947 (for short 'TNSE Act') to the appellate authority (second respondent herein). His appeal was allowed by the appellate authority by an order dated 12.2.1996.

(2.) THE first respondent UPASI directly went before the Supreme Court under Article 136 of the Constitution and challenged the order of the second respondent. Civil Appeal No.1786 of 1997 was allowed by the Supreme Court on 06.3.1997 and the matter was remitted for fresh consideration by the second respondent. THE judgment of the Supreme Court has been subsequently reported in (1997) 4 SCC 741 (United Planters Association of Southern India -vs- K.G. Sangameswaran. THE direction given by the Supreme Court as found in paragraphs 28 and 29 is usefully reproduced below:-

(3.) MR. Ajoy Khose, learned counsel for the petitioner in attacking the impugned order raised the following grounds:-